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10/14/1987
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10/14/1987
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Meetings
Meeting Type
Special Call Meeting
Document Type
Minutes
Meeting Date
10/14/1987
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M W M <br />Study Methodology <br />Staff first identified the names and addresses of all property <br />owners within the district boundaries, the type of dwelling unit <br />(single-family, mobile home) on the site, and the date when the <br />unit was first established on the site. A print-out of all <br />occupational licenses issued in the County was then obtained in <br />order to attempt to locate.businesses. These print-outs were then <br />examined to determine what licensed businesses exist in this area. <br />Staff also performed a visual survey of the district to attempt to <br />locate the site of apparent businesses, those which may not have <br />County occupational licenses. For each identified commercial use <br />in the study area, staff determined the date when the residential <br />use on the site commenced and the zoning district which was in <br />place on the site when it was developed. This enabled staff to <br />determine whether a home occupation, the nature of .which could be <br />determined, was lawfully established as a permitted home <br />occupation at that time. <br />Study Results <br />During the ROSE -4 ordinance amendment public hearing, it was <br />stated that 43 home occupations existed in the Rose -4 District. <br />However, a search of the occupational licenses revealed that only <br />4 licenses have been issued to addresses within the district <br />boundaries. A total of six businesses were visually identified, <br />two of which do not have occupational licenses. The types of <br />businesses identified through the visual survey included a <br />welding/ smelting shop, storage of vegetable crates and business <br />trucks, storage of heavy equipment, automotive repair and sales, <br />and blade sharpening and chainsaw repair. Those businesses <br />identified by visual survey, excluding the saw sharpening and <br />repair, were identified by the appearance of the property. The <br />saw shop was identified by its sign. Further verification of <br />these businesses was provided by Roseland residents through the <br />filing of complaints with the Planning Department. <br />Several existing businesses have been the subject of code <br />enforcement complaints. These complaints have ranged from storage <br />of possibly hazardous material to excessive noise. Not only do <br />some of these businesses fail to meet the home occupation criteria <br />of the ROSE -4 district, but because they were never approved they <br />do not meet setback, screening, parking, sanitary, and other <br />requirements. <br />Grandfathering Issues <br />As per the Board's directive, -the staff has investigated <br />mechanisms wereby existing businesses could be legally recognized <br />as grandfathered businesses. However, a major problem arises in <br />the identification of businesses currently operating within the <br />boundaries of the Rose -4 area. If as indicated at the public <br />hearing, 43 businesses exist in the ROSE -4 area, the staff has <br />been unable to identify them and therefore, could not grandfather <br />them. Another issue is whether the County should grandfather a <br />business which has been operating without an occupational license <br />which is required by County law. <br />Several other issues arise regarding grandfathering of existing <br />businesses. The major issue is whether such businesses will be <br />considered non -conformities if they do not comply with the ROSE -4 <br />home occupation criteria. If such establishments are classified <br />as non -conformities, they could not be enlarged or expanded <br />without conforming to applicable regulations. Nor could they <br />OCT JA 1987 BOOK 69 FAo 694 <br />
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